Can my employer attend my medical appointment or treatment?

Section 231A of the Workplace Injury Management and Workers Compensation Act 1998 prevents an employer or employer representative from attending a worker’s medical treatment or medical examination unless the worker requests the attendance. SIRA says an employer representative can include an employee of the employer or an authorised third party, such as a workplace rehabilitation provider.

The restriction applies to all treatment and examinations occurring on or after 1 July 2026. It applies regardless of when the appointment was booked, whether the appointment forms part of an existing course of treatment, or whether the employer or representative attended earlier appointments.

The worker may ask an employer or representative to attend. If so, SIRA says the practitioner should be told before the appointment and informed that attendance was requested by the worker.

The worker’s request should be clear and voluntary. A standing authority, an old practice or a statement that attendance is “company policy” should not be treated as a current request by the worker.

• Identify the person the worker wants present and why.
• Tell the practitioner before the appointment.
• Clarify whether the person will attend all or only part of the appointment.
• A worker can seek advice before agreeing if the purpose or effect is unclear.

Treatment and medical examinations involve the practitioner treating or examining the worker. A case conference is a separate meeting used to coordinate recovery and return to work. It may involve the worker, nominated treating doctor, insurer, employer, return-to-work coordinator or workplace rehabilitation provider.

SIRA states that the attendance restriction does not apply to case conferences. However, a case conference must be scheduled separately from treatment or a medical examination unless the worker asks for them to occur at the same time.

Ask whether the proposed attendance is for treatment, an examination or a separate case conference. Request the purpose, participants and agenda in writing. If it is treatment or an examination and you did not request attendance, state that clearly to the employer and practitioner before the appointment.

Do not ignore a genuine return-to-work issue merely because attendance at treatment is restricted. Capacity information, restrictions and suitable duties can be discussed through Certificates of Capacity, written proposals and a properly arranged case conference.

• Keep the appointment notice and the employer or provider’s request.
• Email the practitioner if you did not request employer attendance.
• Ask for a case conference to be separately identified and scheduled.
• Keep notes of who attended and what information was discussed.
• Retain Certificates of Capacity and suitable-duties proposals relevant to return-to-work planning.

The attendance rule does not mean the insurer can never obtain relevant medical information. Claims can involve Certificates of Capacity, treatment requests, reports, authorities and properly arranged examinations. The scope and lawfulness of any request should be considered separately.

Likewise, declining unrequested employer attendance at treatment is not the same as refusing all recovery-at-work communication. Keep communications focused on capacity, restrictions, suitable duties and the actual claim process.

SIRA advises workers to contact the workers compensation insurer first about their rights. If there is an issue with an employer requiring attendance at treatment or an examination, SIRA directs workers to the Independent Review Office. IRO handles complaints about insurer conduct affecting rights or entitlements.

Legal advice may be useful where attendance pressure is linked to a work capacity decision, alleged non-cooperation, a disputed examination, unsuitable duties or a threat to weekly payments. ILARS funding may be available for eligible workers compensation disputes, subject to the current criteria and IRO approval.

A rehabilitation consultant has attended several GP appointments before July 2026 and assumes that attendance can continue. For an appointment after 1 July 2026, previous attendance is not enough; the consultant may attend treatment or the examination only if the worker requests it.

An employer proposes a separate telephone case conference with the worker and doctor to discuss hours and suitable duties. That is not itself medical treatment or an examination. The agenda and participants should be clear, and it should normally be scheduled separately.

These examples explain the distinction only. They do not decide whether a particular meeting, information request or claim response is lawful.